On The Traditional Rural Rules Of China

The Phylogeny of rule of law in Chinese village is a Phylogeny of Rural Rules. Rural rules stem from the statute book of Zhou Dynasty, form from The Lu Shih Rural Rules and thrive in Ming and Qing Dynasties. In the modern history, it is in the progress of decline to fade as a whole. Making a general survey of Rural Rules of every dynasty, we can divide into two parts:Persuasive Rural Rules and Afflictive Rural Rules. Rural Rules of every dynasty is used with an eye to enlighten and civilize villagers in order to resolve conflicts between villagers and maintain social stability. It seems as the way to make up for the disadvantage of national law. But the traditional Rural Rules are at the cost of subjective spirit of villagers and rights consciousness.In the progress of implement, it lacks of guaranteeing from forces and has many shortcomings such as easy control.The point of this paper is that how to modernize traditional Rural Rules in order to play a principal role in the construction of law in villager in the new history. In the progress of building a socialist country under the rule of law, the value of villagers' autonomy should be brought 1 into full play; A lots of conflicts between villagers should be solved effectively by promote Rural Rules; Rural Rules should be used as beneficial supplements to national law.